University finally responds to lawsuit
By Laban Pelz
The Collegian
The CSU Fresno Athletic Corporation
answered Stacy Johnson-Klein’s lawsuit Tuesday, claiming the former
Fresno State women’s basketball coach cannot sue the corporation
under terms of her contract.
The Athletic Corporation is one of two organizations and three individuals
named in Johnson-Klein’s lawsuit; Fresno State, university president
John Welty, assistant athletic director Randy Welniak and former athletic
director Scott Johnson are all named as defendants in the lawsuit filed
Aug. 23.
In the suit, Johnson-Klein alleges those individuals sexually harassed
her, created a hostile work environment and did not support women’s
athletics at Fresno State.
Johnson-Klein claims it was her protest of these actions that led to her
termination March 2, which she contends was wrongful.
The university said it fired her for insubordination, improper fiscal
actions and inappropriately acquiring pain medication from players and
coaches.
The Athletic Corporation Tuesday filed a demurrer with Fresno County Superior
Court, which contends the court has no jurisdiction over the case and
“may act only to review the final administrative determination”
made by the school.
The corporation said Johnson-Klein failed to exhaust the administrative
remedies under her Personal Service Agreement and “the court is
therefore without jurisdiction.”
The demurrer also says “Johnson-Klein was contractually bound not
to sue CSUFAC on claims related to her termination by the University.”
Tuesday’s filing applies only to the Athletic Corporation, and the
other defendants named in the suit have yet to respond. Athletic Corporation
chairman Paul Oliaro and university spokeswoman Shirley Armbruster had
no comment. Attorneys from either side could not be reached.
Also in the Athletic Corporation’s filing was a copy of Johnson-Klein’s
contract, which included information on the former coach’s salary
and benefits:
•Johnson-Klein’s yearly base salary was $150,000. Her salary
would have jumped to $160,000 a year beginning in 2006.
•Fresno State supplied Johnson-Klein with a courtesy automobile
and paid for its insurance, fuel, servicing and repairs.
•The coach had an expense account of $10,000 per year, to be used
“solely for entertainment and development directly related”
to the program.
Johnson-Klein was also paid for meeting certain goals outlined in her
contract:
•For a team grade point average of at least 2.0 she would receive
$5,000. For a team GPA of at least 3.5 she would get a $20,000 bonus.
•For a team graduation rate of at least 45 percent, the coach would
get an extra $5,000. She would have earned $25,000 if at least 80 percent
of her players graduated.
•For an average paid seasonal attendance of at least 1,500 at the
Save Mart Center, Johnson-Klein would be given $5,000. She would receive
$20,000 if that figure doubled.
•If her team won at least half its games, the coach would earn an
extra $7,500. Twenty-five wins would have given Johnson-Klein a $20,000
bonus.
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